Medical malpractice refers to the failure of a medical professional or healthcare provider to provide a standard level of care that results in harm, injury or death of the patient. This negligence can occur from a misdiagnosis, prescribing wrong medication, surgical errors, or failure to observe the patient's condition.
The burden of proof to establish medical malpractice rests with the plaintiff, who must show that the healthcare provider had a duty of care towards the patient, breached that duty, and the breach resulted in the patient's injury or harm.
The standard of care in medical malpractice cases is based on the reasonable care that other healthcare providers in the same field would have taken in a similar situation. Healthcare providers have a duty to communicate honestly with patients about the potential risks and benefits of any medical procedure, as well as any alternative treatments.
To initiate a medical malpractice lawsuit, the plaintiff must first provide a written notice to the healthcare provider advising them of the intent to sue. Failure to provide this notice may subject the plaintiff to dismissal of the lawsuit.
The statute of limitations for filing a medical malpractice case varies by state but typically ranges from one to three years from the time the injury was discovered or should have been discovered.
It is important to note that medical malpractice cases can be complex and difficult to prove. It is recommended that a person consult with an experienced medical malpractice attorney to discuss their legal options and potential compensation available.
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